The cancellation of registered trademark can occur one of two ways, by a court from the result of a civil action or by the United States Patent and Trademark Office (USPTO) following a cancellation proceeding. During the first five years of registration, trademarks may still be subject to arguments including likelihood of confusion with a prior filed mark, generic, and descriptive arguments. Such seniority and descriptive arguments may not be made after five years. To take the matter of cancellation before a court there must be a basis other than just cancellation, such as infringement or other issues. In addition, all other administrative remedies must be exhausted first. This usually means one had to go before the Trademark Trial and Appeal Board (TTAB) first and possibly other administrative steps. Courts may still defer to the TTAB’s decision. Cancelling a registered trademark is not an easy process and make sure you develop a strategy and understand all the steps involved.
This blog is not legal advice and is not specific to your application. You should always consult an attorney.